sent back to the owners of the vessels for revision. In the cases of two of these, the "Thornton" and "Carolina, a full and detailed revised Statement of the losses is submitted herewith. These, the Minister submits, are not unreasonable; the claim for the "Onward," the third vessel seized, has not yet been returned by the owners. The Committee recommend that your Excellency be moved to forward the claims. herein mentioned to the Right Honourable the Secretary of State for the Colonies, for transmission to the United States' Government. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. MCGEE, Clerk, Privy Council, Canada. Inclosure 3 in No. 87. Declaration of James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of British Columbia, of the Dominion of Canada, mariner and ship-owner, solemnly and sincerely declare as follows: 1. That I am the duly authorized agent of William Munsle, of the city of Victoria aforesaid, the owner of the hereinafter mentioned schooner "Carolina." 2. That the said schooner "Carolina " is a British vessel, registered at the port of Victoria aforesaid, of about tons burden, builders' measurement, and that in A.D. 1884 the "Carolina" was rebuilt and lengthened about 15 feet by a section built amidships, and put in first-class order and condition. In A.D. 1885 the said "Carolina" was valued for insurance by the Union Insurance Company at 4,000 dollars, and in A.D. 1886 the California Insurance Company placed the same value, namely, 4,000 dollars, upon her for a like purpose. I am informed by the said William Munsle, and believe that since the rebuilding and enlargement of the "Carolina," she has not been re-registered at the port of Victoria aforesaid nor at any other port, and that consequently her actual tonnage is greater than appears by the official record, or the register of the said "Carolina." 3. That on or about the 20th day of May, A.D. 1886, the said "Carolina" left the port of Victoria aforesaid, after having been duly cleared at Customs, one James Ogilvie being master, and one James Blake mate, and a crew of nine sailors and hunters, on a fishing and hunting voyage in the North Pacific Ocean and Behring's Sea. 4. That on the 1st day of August, in said year 1886, while in said Behring's Sea in north latitude 55° 50', west longitude 168° 53', then being from 65 to 75 miles from the nearest land, and while, as I am informed and verily believe, lawfully pursuing the objects of said voyage, the said schooner "Carolina was seized by the United States' steam-ship "Corwin," and taken to Ounalaska, in the Territory of Alaska, of the United States of America, and her voyage broken up. 5. That on arrival at Ounalaska aforesaid the "Carolina" was, by order of the United States' authorities, stripped of her outfit and running-gear, the seal-skins on board taken out, the captain, James Ogilvie, and the mate, James Blake, placed under arrest and sent to Sitka, in said Territory of Alaska, and the crew sent to the city of San Francisco. 6. That upon arrival at Sitka the captain and the mate of the "Carolina" were formally charged with having violated the laws of the United States of America respecting seal-fishing in the waters of Alaska, but before the day fixed for the hearing and trial of said charge Captain Ogilvie disappeared, and was afterwards found dead in or about the neighbourhood of Sitka. The mate, James Blake, was tried, found guilty, and sentenced to pay a fine of 300 dollars and be imprisoned at Sitka for thirty days, and which imprisonment he, James Blake, suffered. 7. That hereto annexed, marked (A), is a Statement of the articles comprising the outfit of the schooner "Carolina" on her departure on said voyage, and all of which I verily believe were on board the "Carolina " at the time of her seizure, excepting only what had been consumed in the ordinary course of the voyage, together with the value of said articles, also of the amount of premiums paid for insurance on the hull, outfit, and cargo of the said "Carolina" for the said voyage; also of the amount of wages paid to the crew and hunters on board the "Carolina" up to the time of such seizure; also of the expenses of the mate and part of the crew in 1eturning to the city of Victoria from Ounalaska and Sitka, and also a statement of the number of seal-skins on board the "Carolina" at the time of said seizure, and the value thereof. 8. The Exhibit (B) hereto annexed is a Statement of the catch of thirteen sealing-vessels in and about the Behring's Sea during so much of the season of A.D. 1886 as they were in Behring's Sea. The statement is taken from the Report of the Inspector of Fisheries for the Province of British Columbia for the year 1886, as contained in the Report of the Department of Fisheries for Canada at pages 248 and 249, and I verily say, from personal knowledge of the facts, that the said Statement is substantial, true, and correct. The schooners" Carolina," meaning the "Carolina" herein mentioned, and "Thornton" and "Onward," were seized on the 1st and 2nd August in 1886, and their voyages thus broken up; the schooners "Mary Taylor," "Mountain Chief," "Rustler, " and "Kate" not having been in Behring's Sea during the season of 1886, the catch of these above-named schooners are not included in estimating the average catch in Behring's Sea for that year. On account of the seizures made on the 1st and 2nd August as aforesaid, and of the schooner "Favorite" being ordered out of the sea by the Commander of the said " Corwin," the thirteen vessels mentioned in Exhibit (B), with one or two exceptions, left Behring's Sea, or the best sealing-grounds therein, long before the close of the sealing season, and thus the average catch as found in Exhibit (B) is fully, as I verily believe, 500 skins less than it would have been had they all remained till the end of the season. 9. That hereto annexed, marked (C), is a Statement of the legal expenses incurred at Sitka and elsewhere by reason of the seizure of the "Carolina," and the arrest of her captain and mate as aforesaid, and also of the personal expenses connected therewith. 10. That hereto annexed, marked (D), is a Statement of the damages claimed by the owner of the "Carolina" by reason of her said seizure and detention during the years 1886, 1887, and 1888, based upon the average catch of scal-skins per vessel as found by Exhibit (B). 11. The price per skin charged in Exhibits (A) and (D), namely, 7 dollars, was the market price at Victoria aforesaid at the close of the season of 1886, and was the price which, in the ordinary course of events, would have been realized for said seal-skins had not such seizure taken place. 12. That hereto annexed, marked (E), is an estimate of the principal sums on which interest is claimed, from the 1st day of October, A.D. 1886, on or about which date the catch of the "Carolina" would have been realized on had she not been seized, and also for the actual outlay by her owner prior to that date, arising by reason of the seizure and detention of the "Carolina," the arrest of the captain and mate, and the expenses of the mate and crew in returning to Victoria from Ounalaska and Sitka. 13. That during the month of October, A.D. 1886, and ever since that time, the minimum rate of interest on money for commercial purposes at the city of Victoria aforesaid was and now is 7 per cent. per annum. 14. That hereto annexed, marked (F), is a Statement of the items of the outfit of the "Carolina" when on said voyage and the value thereof, which would have been wholly consumed in the ordinary prosecution of a full season's hunting and fishing voyage. 15. The prices charged for the articles and groups of articles in Exhibit (A), comprising the outfit of the "Carolina," are the market prices of the said articles and groups of articles at Victoria at the time of their purchase for the purposes of said voyage. 16. That as to the item, "Cash on board and unaccounted for, 500 dollars,' charged in Exhibit (A), I am informed by the said William Munsle, and do verily believe, that the said sum of 500 dollars was placed on board the "Carolina" at the time of her departure from Victoria as aforesaid, intrusted to the master, James Ogilvie, for use in cases of emergency or unforeseen expenditures, and I verily believe that said sum of 500 dollars was on board the "Carolina " at the time of her seizure; but owing to the death of Captain Ogilvie at Sitka, it was not known by the said owner what became of the said sum of 500 dollars. 17. That at the time of the seizure of the "Carolina" she was in good order and condition, having been thoroughly overhauled before starting out on said voyage, and not having sustained any damage beyond ordinary wear and tear during said voyage up to the time of her seizure. 18. That the value placed on the "Carolina," namely, 4,000 dollars, is a fair and reasonable valuation of the said schooner, and from my personal knowledge of the "Carolina," and the value of vessels of her class at Victoria, I verily believe that she could not be replaced by a vessel in all respects as good and as well adapted to the purposes for which she was used for a less sum than 4,000 dollars. 19. That on or about the 13th day of July last past I was at Ounalaska aforesaid, and saw and was on board of the said schooner "Carolina." She was then lying anchored in the harbour at Ounalaska, stripped of all her outfit and running gear. Her standing rigging was much weather-beaten, her iron work much rusted, her deck seems in a bad state, and I verily believe, from the condition in which the "Carolina " then was, and in view of the fact that she must remain so exposed until least next May (A.D. 1888), it will cost at least 4,000 dollars to put her in as good repair and condition as when seized and return her to Victoria. To be taken to Victoria under ordinary circumstances would alone cost between 2,500 and 3,000 dollars. 20. That the "Carolina" at the time of her seizure was insured in the California Insurance Company for the sum of 2,500 dollars on her hnll, and in the sum of 1,000 dollars on her outfit and cargo. 21. That the estimated loss of 5,000 dollars for each of the years 1887 and 1888 by reason of the seizure and detention of the "Carolina" as aforesaid is based upon an average catch of 2,380 seal-skins for each of the said years, at 5 dollars per skin, which was the market value per skín at Victoria at the close of the season of 1887, after deducting therefrom the cost of outfit and wages, based on the "Carolina's "voyage of A.D. 1886. And I, James Douglas Warren, aforesaid, make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Act respecting extrájudicial oaths. Declared and affirmed before me at the city of Ottawa, in the county of Carleton, in the Province of Ontario, this 28th day of November, A.D. 1887, and certified under my official seal. (Signed) W. D. HOGG, Notary Public for Ontario. Exhibit (A). J. D. WARREN. 352 50 Insurance premium and survey fee on 2,500 dollars on hull and Passage-money and expenses of mate, James Blake, from Sitka to Victoria after release from prison 71 72 100 00 2,003 94 4,802 00 686 seal-skins on board the "Carolina" when seized, and not Total Exhibit (A) 14,161 33 Exhibit (B).---NUMBER of seal-skins taken by each of the following thirteen sealing vessels during the year 1886 in and about the Behring's Sea, most of the said vessels leaving the sea before the end of the season fearing capture. Legal expenses at Sitka in connection with the seizure of the "Carolina " 66 connection Dol. c. 500 00 750 00 250 00 Exhibit (D).-ESTIMATED damages arising from the seizure and detention of the schooner "Carolina" based on the average catch per vessel as given in Exhibit (B), season 1886. Exhibit (E).-ESTIMATE of the principal sums on which interest at 7 per cent. per annum is claimed, and the time for which interest is so claimed. Value of "Carolina's" estimated catch for 1886-namely, 16,667 00 500 00 Actual cash outlay for legal and other necessary expenses Total principal on which interest is claimed from Estimated value of the "Carolina" catch for 1887, less cost If the claim for 1887 be not allowed, then interest is claimed 17,167 00 5,000 00 4,000 00 Exhibit (F).-DETAILS of items of "Carolina's" outfit consumed during the course of a full hunting and sealing voyage. Groceries Ship chandelry Coal and wood Miscellaneous Wages of crew Total value consumed.. Inclosure 4 in No. 87. Dol. c. 598 60 173 34 71 37 376 83 81 00 37 62 42 34 1,832 22 3,213 32 Declaration of James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of British Columbia, of the Dominion of Canada, mariner and ship-owner, do solemnly and sincerely declare as follows: 1. That I am a British subject by birth. 2. That I was sole owner of the British steam-schooner "Thornton," 78 tons burden by builders' measurement, registered at the port of Victoria aforesaid, before and at the time of her seizure hereinafter set out by the United States' steam-ship "Corwin." 3. That the said steam-schooner "Thornton" was rebuilt by me in A.D. 1887,* at a cost of 3,500 dollars, and in A.D. 1880 and A.D. 1881 was fitted up with steam propelling power at an additional cost of 3,000 dollars. Her bottom and sides of above light water-line were coppered and copper fastened. 4. That on or about the 16th day of May, 1886, the said steam-schooner "Thornton" was regularly cleared at the port of Victoria aforesaid for a full season of about four months' fishing and hunting in the North Pacific Ocean and Behring's Sea, and that on or about the 27th day of said month of May the "Thornton" finally sailed from Clayoquot Sound, on the south-west of Vancouver Island, on said fishing and hunting voyage. 5. The master of the "Thornton " on and for said voyage was one Hans Guttormsen, of the said city of Victoria, and the mate one Harry Norman, of the same place, and a crew of thirteen men. 6. That on the 1st day of August, A.D. 1886, while in Behring's Sea in north latitude 55° 45′ and west longitude 168° 44', lawfully, as I verily believe, pursuing the objects of said voyage, the said steam-schooner "Thornton" was seized by the United States' steam-ship "Corwin," and by the "Corwin " taken to Ounalaska, in the United States' Territory of Alaska, and her voyage was broken up. 7. That on arrival at Ounalaska the said "Thornton" was, by order of the United States' authorities, stripped of her outfit and running gear, the seal-skins then on board taken out, the captain and mate made prisoners and sent to Sitka, in said Territory of Alaska, where, after trial, they were fined, the captain in the sum of 500 dollars and the mate in the sum of 300 dollars, and each imprisoned for thirty days. The remainder of the crew, with only two excepted, were sent by the United States' authorities to the city of San Francisco by a steamer belonging to the Alaska Commercial Company. 8. That I am informed by Captain Guttormsen that immediately upon the arrival at Ounalaska of the "Corwin " with the "Thornton," he (the captain) entered his solemn protest against the seizure of his vessel and her outfit and the seal-skins then on board. 9. That on or about the 13th day of July of the present year I was at Ounalaska, and saw the said steam-schooner "Thornton," and found her in a very bad condition. She was lying on her bilge on a gravel beach, partially embedded, and exposed to all weathers, and was consequently greatly depreciated in value since her seizure. Her copper is much chafed, her deck seams are opened, through which water had leaked upon the steam-boiler, engine, and machinery, all of which are well nigh ruined. She cannot be brought away from. Ounalaska without repairs involving * Qy. 1877. |